I am the “poster child” for HOA abuse committed by fellow board members. When I discovered fraud and theft, I tried to become a whistle blower. I served 18 hours in city jail because of the illegal charges the majority of the board created against me. I was falsely arrested with the help of the HOA attorney Name Withheld. I spent two years in the city court system defending myself against the trumped up charges of violating an injunction which I never received for swimming in my community pool. It was a misdemeanor criminal charge. I had to short sell my condo and lost $65,000.
The D &O insurance carrier, Liberty Mutual Insurance, paid out in excess of $60,000 to defend me against attorneys who were hired by the board majority. Fees in excess of $75,000 were used by the plantiffs’ attorneys for my prosecution. Cheryl Bergerbaum, the secretary, personally contracted with an attorney for $30,000. All of the legal expenditures have been hidden from the HOA as this board created a self management situation and all financial records were stolen. I was finally able to get my conviction “set aside”.
These horrible board members. including the treasurer Richad Schabin. still own in the Venetian Condominiums in Scottsdale, AZ. The current board has taken no action to have those stolen funds reimbursed and these board members were never charged with fraud and theft. Bad board members can get away with murder if the majority agree.